The Teachers Service Commission (TSC) has come out to clarify that its Commission Secretary and Chief Executive Officer (CEO) Dr. Nancy Njeri Macharia will not be retiring this year as widely speculated.
Speaking exclusively to Education News, TSC Director of Legal, Labour and Industrial Relations, Cavin Anyuor stated that Dr. Macharia is a state officer as defined by law and thus not subject to the retirement rule as is the case for public officers.
Reacting to story carried on Saturday last week on this paper, Anyuor says that she would serve her full term of 10 years which will end in 2025 as provided for in the TSC Act and the country’s constitution.
Anyuor quoted the TSC Act of 2012 Section 16 (3) which defines the Commission Secretary/CEO as a state officer. He went further to quote the Constitution Article 260 which defines who is a state officer.
He said under the said statute, state officers include the president, deputy president, legislators, and holder of an independent office among others who are not subject to the retirement age but serve according to the term of their mandate; which also applies to any other person defined as state officer under the constitution.
Anyuor was also categorical that the Circular issued by the Public Service Cabinet Secretary, Aisha Jumwa and the Pension Act will not apply on the case of Dr. Macharia or any other state officer.
The same statute, he says, is very clear that state officers are not subject to mandatory retirement age of 60 and they can serve according to the mandate or terms of contract with the people of Kenya.
Anyuor further made a clear distinction between a public officer and a state officer as defined by law. He stated that a public officer retires upon attainment of 60 years of age while a state officer can serve according to the dictates of their term whether it is 5, 10 or even more years.
According to him, the TSC Act Section16 (4) states that the Commission Secretary/CEO shall hold office for a term of five years but shall be eligible for renewal for one further term of five years. The Article is however silent on the retirement of the office holder on age grounds.
Dr. Macharia will reach her retirement age this year, but under this rule she will remain in office till the end of her contract in 2025.
There was confusion as to whether Dr. Macharia would leave office on the basis of mandatory retirement age of 60 years or will duly complete her term which was extended to 2025.
Dr. Macharia took over the helm of TSC in June 30, 2015 after succeeding her immediate boss Gabriel Lengoiboni who retired after serving for a good 11 years. Macharia had been the Director of Teacher Management, one of the most visible dockets at the Commission given its range of duties.
She ended her first term of five years in 2020 but earned another five years in office thus extending her reign till 2025.
By Our Reporter
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